Elder Law: General Practice With A Niche,
2012
Marquette University Law School
Elder Law: General Practice With A Niche, Jane Rupprecht Mulcahy
Marquette Elder's Advisor
This article provides an overview of elder law practice and the importance of a client centered practice. Developing an elder law practice requires specialized marketing to the growing aging population. The elder law attorney must be knowledgeable in broad areas of law included in that practice. Expertise in property law and health care law are two of the most common areas of law practiced by elder law attorneys.
Issues In Interstate Guardianship,
2012
Marquette University Law School
Issues In Interstate Guardianship, William P. Donaldson
Marquette Elder's Advisor
This article focuses on In the Matter of the Guardianship and Protective Placement of Jimmie L. v. Sauk County. The guardian in the case was appointed in one state, but the guardian desired to relocate to another state. The article also explores the use of the Uniform Enforcement of Foreign Judgments Act where issues arise in interstate guardianship.
Petitioning For Grandparent Visitation, State By State,
2012
Marquette University Law School
Petitioning For Grandparent Visitation, State By State, Julie A. Braun
Marquette Elder's Advisor
This article discusses varying legislation enacted by all fifty states that allow grandparents to petition for visitation with their grandchildren. While some states allow a grandparent to petition for visitation at any time, the majority of states require a disruption of an intact nuclear family before a grandparent may petition for visitation. The article identifies practice tips and discusses conditions or restrictions a court may impose on the visitation.
From The Editor,
2012
Marquette University Law School
From The Editor, Alison Mcchrystal Barnes
Marquette Elder's Advisor
No abstract provided.
Interstate And International Recognition Of Health Care Advance Directives,
2012
Marquette University Law School
Interstate And International Recognition Of Health Care Advance Directives, Russell E. Carlisle
Marquette Elder's Advisor
This article addresses the issue of interstate recognition of health care advance directives. Conflicts have developed in this area since America is an increasingly mobile society and advance directives are governed by state law. The article investigates the problems associated with varied state laws and the implementation of those laws in other states.
Table Of Contents,
2012
Marquette University Law School
Board Of Advisors,
2012
Marquette University Law School
Naela Advocacy Seeks To Influence Public Policy,
2012
Marquette University Law School
Naela Advocacy Seeks To Influence Public Policy, Emily Starr, Ron Fatoullah
Marquette Elder's Advisor
The National Academy of Elder Law Attorneys is an organization with an agenda. This advocacy group works to improve legislation affecting its professionals and their clients.
Finding Internet Sites On Elder Issues: Health And Human Services,
2012
Marquette University Law School
Finding Internet Sites On Elder Issues: Health And Human Services, Robin C. Schard
Marquette Elder's Advisor
Have you ever heard the term information over load? Do you feel it every time you try to find an exact piece of information on the Internet? Here's the place to start.
The One-Stop Shop: Beyond Estate Planning,
2012
Marquette University Law School
The One-Stop Shop: Beyond Estate Planning, Ann M. Devine
Marquette Elder's Advisor
An investigation of the special needs of the elderly looks to expand the current practice of conventional estate planning beyond the creation of trusts and wills into an innovative business providing holistic life plans and services to address all the needs of aging.
Client Choice, Wise Counsel, And Economic Realities: The Forces That Shape The Representation Of Elders,
2012
Marquette University Law School
Client Choice, Wise Counsel, And Economic Realities: The Forces That Shape The Representation Of Elders, Michael K. Mcchrystal
Marquette Elder's Advisor
The relationship between a client and attorney, while always complex, may become even more complicated when the client is elderly. This column explores three aspects of particular importance in such cases.
Advising Clients Regarding Lifetime Distributions From Qualified Retirement Plans,
2012
Marquette University Law School
Advising Clients Regarding Lifetime Distributions From Qualified Retirement Plans, Barbara Freedman Wand
Marquette Elder's Advisor
This column reviews various requirements of qualified retirement plans, their myriad rules and requirements, and how uninformed decision-making can negatively impact a client's overall program. Wand's column is intended to aid an attorney in advising clients as to the appropriate choices.
The Medicare Managed Care Choice,
2012
Marquette University Law School
The Medicare Managed Care Choice
Marquette Elder's Advisor
Medicare managed care still has problems and careful evaluation is critical when choosing a program. Government attempts at providing information have created further confusion and drawn criticism from the professionals. This overview highlights some of the most important issues.
Geriatric Psychiatry And Elder Law: Speaking A Common Language,
2012
Marquette University Law School
Geriatric Psychiatry And Elder Law: Speaking A Common Language, Richard E. Finlayson
Marquette Elder's Advisor
In his introductory column, Dr. Finlayson discusses issues of competency and informed consent involving the elderly. Dr. Finlayson discusses these issues from a medical perspective demonstrating how the legal and medical issues relating to the elderly and mental health often intersect.
Grandparents' Right To Visitation,
2012
Marquette University Law School
Grandparents' Right To Visitation, Victoria Roth
Marquette Elder's Advisor
Many lawyers, it seems steer clear of "grandparents' rights" by declining cases in which a court orders parents or stepparents to let a grandparent visit their grandchild. Is it because of lack of familiarity with such action, or are they uneasy with the concept of rights of grandparents?
The Use Of Special Needs Trusts In The Settlement Of Personal Injury Cases,
2012
Marquette University Law School
The Use Of Special Needs Trusts In The Settlement Of Personal Injury Cases, Roger M. Bernstein, Margrit S. Bernstein
Marquette Elder's Advisor
This article explores the ins and outs of special needs trusts, which can offer your client improved protection against the loss of public benefits. These narrowly defined, specific trusts can help to avoid disqualification from Medicaid.
Income Tax Planning For Long-Term Care,
2012
Santa Clara University
Income Tax Planning For Long-Term Care, David M. English
Marquette Elder's Advisor
Dealing with taxes is one of the details that can fall through the cracks during the trying times of sorting out long-term care for an elder. As this article demonstrates, there are many advantages to be gained from keeping up with this aspect of daily affairs. However, the regulations are many and complex and require study and forethought.
Pending Hague Convention On Protection Of Incapacitated Adults,
2012
Marquette University Law School
Pending Hague Convention On Protection Of Incapacitated Adults, Russell E. Carlisle
Marquette Elder's Advisor
The adoption and ratification of the proposed Hague Convention on the Protection of Incapacitated Adults will provide an expeditious and certain means of solving international problems involving the disabled and the elderly. This article looks at some of the issues addressed by the convention and at the complex process involved in its creation and execution.
Innocence, Negligence, And Common Sense: Tort Liability Of Mentally Impaired Persons,
2012
Marquette University Law School
Innocence, Negligence, And Common Sense: Tort Liability Of Mentally Impaired Persons, William P. Donaldson
Marquette Elder's Advisor
Recent case law has dictated changes in the treatment of tort cases involving mentally impaired citizens. This study illuminates the developing exceptions to liability with regard to properly trained professional caregivers.
Crafting A Better Power Of Attorney,
2012
Marquette University Law School
Crafting A Better Power Of Attorney, Penny L. Davis
Marquette Elder's Advisor
This article deals with crafting effective powers of attorney that carry out an elder's wishes while simultaneously protecting the elder from potential abuses requires care and diligence. This review of some of the more critical issues, along with examples of how to address them, can help elder law attorneys to better serve their clients
